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Los Angeles Child Custody Lawyer

Fathers' Rights Law — Credit for Payments Made in Child Support

Under California law, if the father is not visiting with his child, the income of the mother will not be considered as part of the calculation for child support payments. For this reason, it is important to have some visitation with your child, particularly if the mother of your child is working and earning a substantial income, as this could have a significant impact on your child support obligation.

If your child has lived with you for any period of time, you will also be eligible for Jackson credit which will credit you for all amounts accrued for child support for the time period that your child/children were living with you. This will ultimately reduce the amount of your arrears.

California judges are very reluctant to take an oral agreement between you and the mother for modification of child support payments. In addition, in order to get credited for any child support payments made for the month, that have not been accounted for, the payments must be made by check, cashier's check or money orders. If paid by cash, a receipt of payment is sufficient proof. Without solid proof the courts will be very reluctant to give credit for any prior payments if mom denies payment was made. Buying items for your child and agreeing with the mother that it will reduce your child support is not sufficient.

Child Support Modifaction

If you are unable to meet your child support obligations due to changes in your circumstances, such as loss of a job or having another child, you must seek a modification of your child support payments from the court immediately. If you do not, you are legally obligated for the full amount of your payment. If you can't make the payment it will just accrue. Attorney Mebtahi can help you organize your payments so that they are manageable and so that you can get your life back on track.

What Our Clients Say

“I had an arrear that State of California was collecting for the children that were not my biological children. I had gone to court back and forth to fighting it, I saw few lawyers but they turned me down saying nothing can be done. Since last 13 years the State of California has already garnished my pay check and then my disability check and collected over $100,000 still their amount i owed did not go down. The amount they collected was applied to just the interest. I have 4 minor biological children and one of them is with special needs. Ms Elena Mebtahi took my case in February of this year and with her strong presentation in the court had it reduced by 85%. I am so very thankful to her and will recommend her to all my friends and family. ”